Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-01-07
THE SPEAKERS DECISION.

The Speaker stated that he had allowed the
argument to take wider range than it should
| have done under strict parliamentary law, but
permitted it that the Senators and Assem- blymen
might have the fullest opportunity to give
| expression to their individual views, and Of
| fer to the Chair the wiSest and best of counsel.
The first question for me to decide is this point
of order raised by the Senator from Alameda
as to whether the motion offered by the Senator
| from Los Angeles is i'll order, which is, that a
certified copy, chart or abstract Of votes which
he presents from the Office OF the Secretary of
State should be accepted in lieu of the returns
that the law directs should be transmitted to the
Speaker of the House. The point raised by the
| Senator from Alameda is that this motion is out
| of order inasmuch as the Jaw directs that the
canvass shall be made, and the result an
nounced, upon the returns as sent to the
| Speaker. Article " of Section 3 of the Consti-
tuition provides that The returns of every cleo
| ton for Governor shall be sealed up, and trans
mitted to the seat of Government, directed to the
Sneaker of the Assembly, who shall, during the
| first week of the session, open and publish
them in the presence of both Houses of the Leg
islature.
This section has been placed in the Political
Code almost word for word in Section 1895, and
the Code further provides that in addition to the
abstract which every County Clerk is required
to forward to the Secretary of State, he shall
forward to Sacramento by mail. post paid,
copy thereof directed to the Speaker OF the AS
sernbly next to meet, and shall hand another
such copy, similarly directed, TO member elect
of the Legislature, or Senator who holds over;
and the person 10 WDyUl II Is So uSllNGTtu
hand it to the Speaker on or before the second
day next after his election
The Code thus provides two channels through
which the Speaker is to receive returns of the
election for Governor and Northumberland.
These are the only channels provided by law
through which the returns of an election are TO
come into the possession OF the Speaker. shall.
therefore be obliged to entertain the only obec
ton and rule the motion OF the Senator from
Los Angeles out of order
The question now remaining for me to decide
is as to whether / am authorized to announce
the result of the late election for Governor and
Lieutenant Governor from the returns now be-
fore me. 1t is my judgment that the duty of
the Speaker in this matter is purely ministerial
and that have 10 right to vary from the law as
find it expressed in the Constitution and odes.
The Constitution in the section quoted pro-
vdes that the Speaker shall open and puh-
lish the returns of every e,eetion etc. Had it
been the intention of the trainers of that ipstru-
ment that the Speaker should canvass such re-
turns as might be in his hands at the couvtning
of the Joint Convention, it would doubtless have
so stated. But when, having failed to so state,
il saws that the returns shall be opened
and published, / shall assume that it
means the returns from all the coun-
ties of the State, and mat ],
as Speaker of the House, have no more nigh to
canvass the returns Of all the countie, but three.
and announce the result of the election for Gov
eruor aud Lieutenant-GOvtrnor. as shown by
them than l would have TO Canvass the returns
of but one county, and announce the result as
shown by that. 10 IS therefore he rulirg of the
Chair that, inasmuch as there are no returns
whatever before me rom the counties
of San Benito and San Meteo, and
no returns as to the vote for Lieutenant-Gov-
ernor in the county of MERGED, | cannot, as
Speaker of the House, conclude the canvass of
the votes at this time, nor declare to this Con-
vention at this time the result Of the recent
election for Governor and Lieutenant-Governor
of this State. 1t win be observed that the Con-
stitution provides that the duty of canvassing
the vote, and declaring the result, deyolycs upon
the Speaker of this House during the first week
of the session. The week is not yet at an end,
and as the missing returns may yet reach me
before Saturday night, / would suggest to the
Convention that a recess be taken to such time
as may suit your convenience.
There being no objection made to the decision
of the Chair, upon motion the Convention ad-
iourned until Saturday at 10 O'Clock A. ".